Law Commons^™

Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a …

The Impact Of Antarctic Treaty Challenges On The Us Military, Ryan J. Bridley, Kevin W. Matthews

The US Army War College Quarterly: Parameters

While the Antarctic Treaty of 1961 largely prevented conflicts on the continent, growing challenges to the treaty system could affect the United States and the global community. Through historical documents and press reports, this article examines ice deterioration, unreported and unregulated fishing, resource extraction preparation, hostilities between treaty members, and the roles of China and Russia in the region. It provides recommendations for policymakers and military strategists on how the United States can maintain global security and treaty interests—and the potential request for intervention—within the guidelines of the National Security Strategy.

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

Linda A. Malone

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …

Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

This essay argues that by framing security in the South China Sea through the lens of territorial claims and power relations the bigger picture of a safe, secure and sustainable South China Sea is neglected. The essay reflects on a photograph from my childhood on the shores of the South China Sea. In the photograph, I have a little red bucket in my hands and a wide grin on my face as I prepare to build a sandcastle. In the intervention, I recall how it feels to be truly secure. By returning to the joys of childhood experienced on the …

The Rise Of China And The Antarctic Treaty System?, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper examines three dimensions of China’s rise in Antarctica: (1) history (2) activities; and (3) governance. Historically, China was missing in Antarctic affairs for long time. Over the past four decades, as a reflection of China’s rapid economic growth after the adoption of ‘Open Door' policy, Chinese activities in the Antarctic can be seen as rising, especially in science, fisheries and tourism. Nevertheless, this paper argues that rather than having a secret agenda to pursue, China is still shaping up its general Antarctic policy. China’s capacity to advance its interests within the Antarctic Treaty System is not significant either. …

The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper examines how the EU can best use its powers to establish marine protected areas (MPAs) in Antarctica. It first discusses the EU’s role in Antarctic governance and legal basis for the EU’s actions, with particular focus on the pending Joined Cases C-625/15 and C-659/16 at the Court of Justice of the European Union. Secondly, the paper analyses the negotiation process of the EU’s MPA proposals in the Southern Ocean within the Commission for the Conservation of Antarctic Marine Living Resources. Thirdly, it provides suggestions regarding the EU’s potential actions that might help achieve proposed Antarctic MPAs.

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

William & Mary Environmental Law and Policy Review

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …

China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks

Research Collection Yong Pung How School Of Law

The paper first briefly describes the negotiation process of Marine Protected Areas (MPAs) in the Southern Ocean. Then it examines China's changing position towards the establishment of a Ross Sea MPA, as proposed by the United States and New Zealand in the Commission for Conservation of Antarctic Marine Living Resources. Finally, the paper explores how China's position towards or against Southern Ocean MPAs implies China's future role in Antarctic governance.

Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii

John J. Barceló III

No abstract provided.

The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law

Gabriela A. Oanta Associate professor of public international law

This article analyzes the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of the international law of the sea. On the hand, the mechanism of dispute settlement provided by UNCLOS and other international agreements adopted in the last thirty years approximately over the oceans and seas will be studied. And on the other hand, this article presents an analysis of the past, present and future activity of the International Tribunal for the Law of the Sea with regard to the two polar regions, the Arctic and the Antarctica. Antarctica lato sensu has received …

Polar Law And Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.

From Nuclear War To Net War: Analogizing Cyber Attacks In International Law, Scott James Shackelford

Scott Shackelford

On April 27, 2007, Estonia was attacked by a computer network causing widespread damage. It is currently unclear what legal rights a state has as a victim of a cyber attack. Even if Estonia could conclusively prove that it was Russia, for example, behind the March 2007 attack, could it respond with force or its own cyber attack? There is a paucity of literature dealing with these questions, as well as the ethical, humanitarian, and human rights implications of information warfare (“IW”) on national and international security. Treatments of IW outside the orthodox international humanitarian law (“IHL”) framework are nearly …

False Sanctuary: The Australian Antarctic Whale Sanctuary And Long-Term Stability In Antarctica, Donald K. Anton

Sustainable Development Law & Policy

No abstract provided.

A Tale Of Two Poles: A Comparative Look At The Legal Regimes In The Arctic And The Antarctic, Erika Lennon

Sustainable Development Law & Policy

No abstract provided.

Enforcing Australian Law In Antarctica: The Hsi Litigation, Ruth A. Davis

Faculty of Law - Papers (Archive)

Law enforcement in Antarctica is complicated by uncertainties regarding sovereignty and jurisdiction. In line with the usual practice of the Antarctic Treaty parties, Australia has generally refrained from enforcing its legislation for the Australian Antarctic Territory against foreigners. Recent litigation that attempts to enforce Australian whale protection laws against Japanese whalers in Antarctica represents a challenge to this traditional approach. The HIS Litigation highlights the ongoing difficulties faced by Australia in trying to effectively manage the Australian Antarctic Territory within the constraints of the Antarctic Treaty System. Using fisheries regulation and continental shelf delimitation as comparative examples, this commentary highlights …

Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha

LLM Theses and Essays

Tourism in the Antarctic has experienced rapid growth throughout the last fifteen years with over 30,000 people visiting the white continent during the 2005 - 2006 season. Such expansion offers a host of new activities for visitors to explore this immense wilderness, yet it brings considerable unease over the future of Antarctica. As of 1961, issues concerning the white continent have been dealt with under the Antarctic Treaty System, which has provided the forum for the discussion of numerous measures. This paper looks into the history of tourism, analyzes the main challenges such industry poses, and attempts an assessment of …

The Long Time Scales Of Human-Caused Climate Warming: Further Challenges For The Global Policy Process, Jerry D. Mahlman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

28 pages.

"Jerry D. Mahlman, Senior Research Fellow, National Center for Atmospheric Research"

"Presented at the Pew Center Workshop on The Timing of Climate Change Policies, The Westin Grand Hotel, Washington, DC, October 10-12, 2001"

"Cite As: Mahlman, J.D. 2001. The Long Time Scales of Human-Caused Climate Warming: Further Challenges for the Global Policy Process. Pew Center Workshop on the Timing of Climate Change Policies, October 10-12, Pew Center on Global Climate Change, Arlington, VA."

A Chilly Reception At The Court, David J. Bederman

The Journal of Appellate Practice and Process

No abstract provided.

Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner

Michigan Journal of International Law

This article examines the process by which ATCM recommended measures are created, the status of these instruments under international law, and the implementation record by Antarctic Treaty governments for these instruments since 1961.

A Right To Ice?: The Application Of International And National Water Laws To The Acquisition Of Iceberg Rights, Bryan S. Geon

Michigan Journal of International Law

This note first reviews in Part I the history and potential of the idea of iceberg utilization. Part II then briefly examines the relevant sources of international law relating to iceberg acquisition. Finding that the standard sources of international law, such as conventions and international custom, currently provide inadequate guidance in this area. The note in Part III then searches for general principles embodied in the three major regimes of national water law: riparian rights, prior appropriation, and administrative allocation. Finally, it outlines in Part IV what an iceberg appropriation regime might look like under each regime.

A Call For United-States Ratification Of The Protocol On Antarctic Environmental-Protection, Andrew S. Mansfield

Andrew S Mansfield

The authors reviewed the then-current treaty system governing Antarctica, the proposals of the administration of George Bush, and the proposed Antarctic Protocol.

Agenda: New Challenges For Environmental Protection: Second Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

Workshop held Sept. 18-19, 1989; conference held Oct. 12-13, 1989, in Boulder, Colorado.

Conference speakers included University of Colorado School of Law professors Daniel Barstow Magraw and Lawrence J. MacDonnell.

Contents of papers from workshop and conference:

To protect developing city by the enactment of local laws and regulations / Wu Zilin -- Legislative control of air pollution & water pollution of the P.R.China / Xiao Longan -- The law of natural conservation in China / Ma Xiang-cong -- 'Weighing environmental risks : EPA's unfinished business', Environment, vol. 30, no. 6, July/August 1988, p. 14-17, 34-39 / Richard Morgenstern, Stuart …

International Environmental Issues [Outline], Zheng-Kang Cheng, Daniel Magraw

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

2 pages.

Evaluating The Antarctic Minerals Convention: The Decisionmaking System, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

Death Of A Treaty: The Decline And Fall Of The Antarctic Minerals Convention, Deborah C. Waller

Vanderbilt Journal of Transnational Law

On June 2, 1988, in Wellington, New Zealand, thirty-three states signed the Convention on the Regulation of Antarctic Mineral Resources. This agreement, the product of six years of negotiation, fills a significant gap in the Antarctic Treaty System: it provides rules governing the prospecting, exploration, and development of minerals in Antarctica. Recently, however, two Antarctic Treaty Consultative Parties--France and Australia--have refused to ratify the Minerals Convention, instead advocating a permanent ban on mineral activities in Antarctica. Their opposition thwarts plans for the ratification of the Minerals Convention. This Note provides an overview of the present Antarctic Treaty System, sets forth …

Exploring The Foreign Country Exception: Federal Tort Claims In Antarctica, David J. Bederman

Vanderbilt Journal of Transnational Law

On November 28, 1979, an Air New Zealand DC-10 aircraft carrying tourists bound for an expedition to Antarctica crashed into the side of Mount Erebus, the highest peak on the frozen continent. All aboard perished. Four years later, the families of some of the New Zealander skilled in the accident brought suit against the United States Government under the Federal Tort Claims Act (FTCA). They claimed that the negligence of the air traffic controllers at the United States scientific base at McMurdo Sound, Antarctica, was the proximate cause of the crash.

This Article considers numerous aspects of this litigation and …

Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Demilitarization And Arms Control: Antarctica, Harry H. Almond Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.